• Title/Summary/Keyword: general goods

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The Liability System and the Legal Nature of the Seller's Liability for Defective Goods under Korean Law and the PELS (유럽매매법원칙과 한국법상 결함상품에 대한 매도인의 책임의 법적성격과 책임제도)

  • Lee, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.44
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    • pp.31-55
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    • 2009
  • This study attempts to provide a comparative overview of the liability systems Korean law and the PELS adopt, that is, the approaches taken by Korean law and the PELS to deal with various irregularities of contractual performance. In addition, it examines in a comparative way the questions of what is the position of the seller's liability for his delivery of defective goods under the chosen liability system and what is the legal nature of the seller's liability. The study finds that the dual liability system taken by Korean law has caused some complexities as to the matter of which liability is applicable in some borderline cases. The problem in such complexities is originated in that the remedies available and the limitation period applicable are differentiated in accordance with one's different categorization among three types of default under the general liability and defective performance under the seller's guarantee liability. In this light, the study argues that the unified liability system under the PELS is superior because its concept of non-performance embraces in a unitary manner all the aspects of default including defects in quality, quantity and title. In addition, it finds that Korean law has suffered endless debates on the question of what are the true contents of the same remedies of rescission and damages provided under the seller's guarantee liability as under the general liability. The debates have been come along on the basis of the traditional presumption among some of civil law jurisdictions that two liabilities be different in terms of not only their legal nature but also their contents of remedies. The study argues that the problem may be circumvented, first, by another way of thinking that the unified liability in Korean law is inferred from the specification of the identical remedies for both the general liability and the seller's guarantee liability under the KCC, second, by the preposition that the requirement of fault be depended upon what remedy the buyer seeks to claim rather than what liability he does to rely on.

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A Study on the Buyer's Duty to Mitigate Seller's Damages in CISG (CISG상의 매수인의 손해경감의무에 관한 고찰)

  • HA, Kang-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.66
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    • pp.1-23
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    • 2015
  • A party who relies on a breach of contract must take such measures as are reasonable in the circumstances to mitigate the loss, including loss of profit, resulting from the breach. Appropriate measures are those aimed at lessing the loss as far as reasonably possible. Such measures will typically be a resale of the goods by the seller or a cover purchase by the buyer. The measures the injured party is expected to take in order to mitigate the loss must be reasonable in the circumstances. Article 77 will be applied to the difference between the amount by which the loss should have been mitigated under Article 77. A reduction of damages is the only remedy available to the party in breach in cases covered by Article 77. If the buyer has received the goods and intends to exercise any right under the contract or this Convention to reject them, he must take such steps to preserve them as are reasonable in the circumstances. If goods dispatched to the buyer have been placed at his disposal at their destination and he exercises the right to reject them, he must take possession of them on behalf of the seller. Article 86(1) requires that the buyer manifest his intention at the moment of receipt of the goods. Article 86(2) envisages that the goods have been dispatched to the buyer and that they have been placed at his disposal at their destination. Article 87 allows him to deposit them in the warehouse of a third person. It is not necessary that the warehouse by public, or that it be a general warehouse for storage. A party who is bound to preserve the goods in accordance with articles 86 may sell them by any appropriate means taking possession of the goods or in taking them back or in paying the price or the cost of preservation. If the goods are subject to rapid deterioration or their preservation world involve unreasonable expense, a party who is bound to preserve the goods must take reasonable measures to sell them. A difference exists between paragraph Article 88 (1) which grants the right to sell, and paragraph (2 )which imposes the duty to take reasonable measures to sell the goods. According to Article 88(2), the party who wishes to sell must give notice to the other party of such intention, to the extent possible.

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An Optimal Ordering policy on Both Way Substitutable Two-Commodity Inventory Control System

  • Tanaka, Masatoshi;Yoshikawa, Shin-ichi;Tabata, Yoshio
    • Industrial Engineering and Management Systems
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    • v.4 no.2
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    • pp.145-157
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    • 2005
  • There are a lot of raw materials, work-in-processes and finished goods in manufacturing industry. Here, the less stock of materials and work-in-processes manufacturing industry has, the worse the rate of the production is. Inversely, the more manufacturing industry has, the more expensive the cost to support them is. Thus, it is important for us to balance them efficiently. In general, inventory problems are to decide appropriate times to produce goods and to determine appropriate quantities of goods. Therefore, inventory problems require as more useful information as possible. For example, there are demand, lead time, ordering point and so on. In this paper, we deal with an optimal ordering policy on both way substitutable two-commodity inventory control system. That is, there is a problem of how to allocate the produced two kinds of goods in a factory to m areas so as to minimize the total expected inventory cost. The demand of each area is probabilistic, and we adopt the exponential distribution as a probability density function of demand. Moreover, we provide numerical examples of the problem.

The Impact of Trade Facilitation on the Extensive and Intensive Margins of Trade: An Application for Developing Countries

  • Lee, Hyo-Young;Kim, Chong-Sup
    • East Asian Economic Review
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    • v.16 no.1
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    • pp.67-96
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    • 2012
  • Previous literature has looked merely into the effect of trade facilitation on aggregate trade, or analyzed trade growth using the extensive and intensive margins. This paper blends these two lines of research for a detailed analysis of the impact of trade facilitation on trade by using highly disaggregated trade data and a more composite index for measuring trade facilitation, also taking into account the export sectors and income levels of countries. As a result, this paper finds that developing countries with higher trade facilitation levels export a wider range of products, especially primary goods. While trade facilitation levels do not have a statistically significant association with trade at the intensive margin in general, further analysis shows that the impact of advanced trade facilitation is the largest for lower middle-income countries in primary goods trade at the intensive margin, and the largest for upper middle-income countries in manufactured goods trade at the intensive margin. More importantly, our policy simulation results suggest that trade facilitation-related policy reforms enable developing countries to benefit from increased trade in manufactured goods at the extensive margin.

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A Study on Efficiency Gain Effect from Environmental Taxation and the Elasticity of Expenditure (지출탄력성이 환경세의 효율성 개선효과에 미치는 영향에 대한 분석)

  • Kim, Sang-Kyum
    • Journal of Environmental Policy
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    • v.8 no.3
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    • pp.139-162
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    • 2009
  • This paper confirms previous results indicating that the expenditure elasticity of demand for polluting goods plays an important role in achieving efficiency gains from tax reforms. Moreover, this paper finds that the results of the tax reforms depend not only on the size of the expenditure elasticity for the polluting goods but also on the relative size of the expenditure elasticities between polluting goods and clean goods. It also shows that in order to enhance the overall tax efficiency by the environmental tax reform, the expenditure elasticity of demand for clean goods should be larger than that of polluting goods. The result implies the following policy suggestion: When the tax authority considers green tax reforms, the expenditure elasticities should not be neglected to achieve gains in the overall efficiency of the tax system.

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Analysis of Staff and User's Perception of the Separate Reading Room of Public Libraries - Focused on the Gyeongsangbuk-do Office of Education - (도서관 직원 및 이용자의 일반열람실 인식도 분석 - 경북교육청 소속 공공도서관을 중심으로 -)

  • Yoon, Hee-Yoon;Kim, Il-Young
    • Journal of Korean Library and Information Science Society
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    • v.49 no.1
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    • pp.1-22
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    • 2018
  • The general or separate reading room in domestic public libraries is a space that represents Korea's unique characteristics that are rarely found in advanced cultural countries. If it is an indispensable space for residents of the community, all public libraries should install and operate it. Otherwise, the general reading room of existing public libraries should be reduced or improved and the new library needs strategic thinking about its installation. Therefore, this study analysed the operation status and major issues of the general reading room, and then suggested the direction based on the survey and comparison of the recognition of the general reading room for the staff (librarian) and the users. The results can contribute not only to the ongoing debate on the general reading room, which is the central theme of discussion of local public goods, but also to find desirable alternatives.

A Study on Color Coordination of Knitwear Items for Cultural Goods Development - Focused on the Combination of Chromatic and Achromatic Colors - (니트웨어 문화상품개발을 위한 색상배색 연구 - 유채색과 무채색 배색을 중심으로 -)

  • Lee, Mi-Sook;Suh, Seo-Young
    • Journal of the Korea Fashion and Costume Design Association
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    • v.16 no.1
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    • pp.125-138
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    • 2014
  • The purpose of this study was to investigate emotional images, preference, and purchasing intention on the color combination for knitwear cultural goods development. The subjects were 719 university students in Daejeon and Chungnam province, and the measuring instruments were 12 stimuli manipulated by the combination of chromatic and achromatic colors, and self-administrated questionnaires consisted of general color preference, emotional images, preference, and purchasing intention items of the knitwear cultural goods, and subjects' demographics attributions. The data were analyzed by Cronbach's ${\alpha}$, factor analysis, t test, ${\chi}^2$ test, ANOVA and Duncan's multiple range test, using SPSS program. The results were as follows. University students highly preferred black and gray color and deep tone on knitwear items, while they generally preferred blue and black color, and deep and pastel tone. The chromatic color combination was perceived as warm and conspicuous, but unattractive image. The achromatic color combination was perceived as cold and ordinary, but attractive image. Among the combination of chromatic and achromatic colors, gray & blue combination was perceived as more attractive image than red & dark gray combination. Color combination types of chromatic and achromatic color was showed some important differences on emotional image, preference and purchasing intention of knitwear cultural goods. Achromatic color combination was perceived as attractive image, and showed higher preference and purchasing intention than other color combination types.

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A Study on the Attraction Factors of the Enetertainment Industry (엔터테인먼트산업의 어트랙션 요소에 관한 연구)

  • 이호숭
    • Archives of design research
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    • v.15 no.2
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    • pp.59-70
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    • 2002
  • The psychological system of human beings has gone through changes from material satisfaction to spiritual satisfaction. That is, $\ulcorner$From real goods to feel goods$\lrcorner$: much attention is not paid to physical consumption of real products but to consumption of time containing information value such as services capable of enriching and entertaining life. Entertainment is a cultural industry based on mass consumption culture. In this context, this research is designed to look into the entertainment tendency of the industrial areas and to take a look at various forms of attraction serving as the factor of absorption to users. The study indicates that the moderns impose much value on invisible goods such as experience. And the most popularized method is to appeal to clients for sensory interaction by presenting the experience of joy. Entertainment in a true sense is generated on the basis of creativity, which is a product of intuition and efforts directed toward the understanding of emotional ties with the general public characterized by uncertainty.

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Mothers' Awareness and Knowledge of the First Birthday Rite(Dol) and Choice of First Birthday Rite Goods (돌 의례에 대한 어머니들의 인식과 지식, 돌 의례 상품 선택에 관한 연구)

  • Ju, Young-Ae
    • Journal of Family Resource Management and Policy Review
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    • v.18 no.1
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    • pp.1-28
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    • 2014
  • The purpose of this study is to suggest how the first birthday rite, a practice in Korean culture, has changed over the time. A survey of 250 mothers was undertaken from October 11th to November 6th, 2012. The research questions asked in this study are as follows. What general and expert views are held about the first birthday rite? What type of awareness and knowledge do mothers have about the first birthday rite? Is there any correlation between mothers' awareness and knowledge about first birthday rite? What is the importance of the components of the baby's first birthday rite and the importance of choosing first birthday rite goods? The data were analyzed using SPSS 17.0. Frequency, F-test, correlation were also employed. The results of this study are as follows: The first birthday rite shows a clear link to socializing. It is a family event, but is also seen as an opportunity to enhance relationships with relatives, colleagues, and friends. A banquet hall is chosen as preferred first birthday rite location, and participants are served a meal and receive gifts. The banquet information on first birthday rites was initially collected from the internet, blog cafes, and an experienced. However, it has become gradually more common to hire a consultant to organize the first birthday rite. Awareness of the first birthday rite is high, but knowledge is relatively low. In addition, there is a positive relationship between awareness and knowledge about the first birthday rite. When mothers are preparing for their baby's first birthday, they consider food for the guests' banquet, space and time. Finally, individual positive relationships were found between choosing first birthday rite goods and employee services, contract pricing for goods, and food for guests.

Efficiency Comparison between Output Tax and Emission Tax as an Environmental Tax (과세형태에 따른 환경세의 조세효율성 비교: 산출물과세 vs. 배출세)

  • Kim, Sang Kyum
    • Journal of Environmental Policy
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    • v.11 no.4
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    • pp.131-154
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    • 2012
  • Existing researches on tax efficiency of environmental taxes mostly focuses on taxes imposed on the consumption process of the final output, or goods that create pollution during the input process of intermediate goods. The assumption here is that there is a significant relation between the consumption of polluting goods and the pollution itself. However, in reality they are not identical. This signifies that the above assumption may distort the actual results. This study classifies environmental tax into two different forms, output tax and emission tax. Theformer is the tax that is imposed on the consumption of polluting goods, while the latter is directly levied onto the emission of pollution. It then compares the efficiency of these taxes through the computational general equilibrium simulations. After analyzing the simulation, it was proven that the direct imposition on pollution, or environmental tax as emission tax, was more effective in terms of tax efficiency. Furthermore, these results were revealed as irrelevant to the assumption of homotheticity in utility function. Thus, if market-distortionary tax already exist, then the effectiveness of revenue neutral environmental tax reform will be sensitive to the assumption of homotheticity for utility function. However, environmental taxes as emission taxes have been shown to be more effective in tax efficiency than output taxes.

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